In a wrongful death lawsuit that is a result of a work accident in the state of Massachusetts, there are rules that may affect a person’s right to sue.
Workmen’s compensation is a form of insurance that provides medical care compensation for employees who are injured on the job. An employee who accepts this insurance relinquishes the right to later sue their employer for negligence.
Likewise, under Massachusetts law, an employee who has elected to have workmen’s compensation cannot sue their employer for injuries in the workplace. This also pertains to cases wherein the employee has died as a result of their injuries, so that the surviving relatives or beneficiaries are not entitled to compensation.
Dependants can sue the employer if the work-site death occurred before the victim had a chance to file for workmen’s compensation. Surviving relatives or beneficiaries also may be able to file a lawsuit for any pain or suffering they were caused as a result of the employer’s negligent acts.
Wrongful Death Caused by Third Parties
Massachusetts’s workmen’s compensation laws allow dependants to file for wrongful death compensation if a person’s death on the job was due to the negligent actions of a third party. This is regardless of whether the deceased had elected for workmen’s compensation insurance.
Steps to Take When Filing Massachusetts Wrongful Death Lawsuits
To proceed with a Massachusetts wrongful death lawsuit, you should immediately begin to gather all the evidence that you can. If the death was the result of a work accident, you’ll want testimony from people who were at the scene, as well as from any medical professionals who treated the victim.
You will also want to file your lawsuit before the statute of limitations expires. If your loved one’s accident occurred in Massachusetts, you’ll need the expertise of a Massachusetts wrongful death lawyer to look at the specifics of your case and determine who is liable.
A Massachusetts wrongful death lawyer will help you to gather the necessary evidence, through investigation and testimony, and to file your wrongful death claim on time.